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GITTERMAN v. VITOULIS

No. 82 Civ. 5908 (RWS).

579 F.Supp. 423 (1983)

Mrs. Joseph GITTERMAN and Suzanne Wasser, Plaintiffs, v. Murray VITOULIS, John Barbarette, Eli Doberman and VB Carpet Service, Defendants.

United States District Court, S.D. New York.

September 28, 1983.

Attorney(s) appearing for the Case

Barrett, Smith, Schapiro, Simon & Armstrong, New York City, for plaintiffs; Frederick Parnon, New York City, of counsel.

Issler & Schrage, P.C., New York City, for defendants; Mitchell R. Schrage, New York City, of counsel.

OPINION

SWEET, District Judge.

Defendants Murray Vitoulis ("Vitoulis"), John Barbarette ("Barbarette"), and VB Carpet Service ("VB") have moved pursuant to Fed.R.Civ.P. 56 for summary judgment dismissing the complaint of plaintiffs Mrs. Joseph Gitterman ("Gitterman") and Suzanne Wasser ("Wasser"). In the alternative, these defendants have moved pursuant to Fed.R.Civ.P. 42 to sever the claims against them from those against defendant Eli Doberman ("Doberman...

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